Q: I’m hoping someone can help clarify the new federal pistol brace law. Two gun stores have told me that all AR rifles with less than a 16” barrel are now classified as pistols and the new law applies to them. Yet in my mind these have rifle stocks on them and are not in any way a pistol. Does this new law apply to AR rifles with 15.5” barrels?
If the new ruling does apply to AR rifles without a pistol brace, If I tac weld a flash hider or muzzle brake onto the end of a 15.5” barrel, that would then make it over 16”, would this suffice in satisfying the requirements of the new ruling?
A: There are definitely both AR-15 pistols and AR-15 rifles. The new rule states that the only AR pattern firearms that will be considered pistols are those that have a barrel length less than 16" and also have a plain buffer tube. It is possible that something other than a plain buffer tube could also be a pistol, but the rule gives no guidance what kind of brace might still qualify, so for now at least, any type of pistol brace should be treated as removing the pistol status and treating it as a short-barreled rifle (SBR).
Any AR-15 with a barrel shorter than 16" and an attached pistol brace is now considered to be a SBR (the same as if it had a true rifle stock) and thus falls under the National Firearms Act (NFA) which means that it must be registered in accordance with the NFA. If the barrel is over 16" then it is considered a rifle and not a pistol.
Your next question discusses welding a flash hider or muzzle brake onto the barrel to make the barrel longer than 16". That is something that can be done and would convert the pistol to a rifle. However, you must comply with the welding requirements, which are typically referred to as "pinning and welding." There is a document published by the ATF that discusses the requirements. ATF Publication 5320.8.
Charles E. Cottrell
Attorney at Law
